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Table 1
Two Mode MVIP Standards
_______________________________________________________________________________
40 MPH Cruise
Standards [FNa1]
Emission Idle
Standards
[FNa1]
Category Model Control No. of HC CO HC CO NOx
[FNa1]
Number Year System Cylin- PPM % PPM % PPM
ders
1 1955-1965 5 or 800 8.50 400 6.50 NO STD
more
2 1966-1970 with air 5 or 450 5.00 350 4.00 2400
injection more
3 1966-1970 without air 5 or 550 7.00 350 4.50 3000
injection more
4 1971-1972 with air 5 or 300 4.00 200 2.00 2200
injection more
5 1971-1972 without air 5 or 450 6.50 250 3.00 3200
injection more
6 1973-1974 with air 5 or 200 3.50 150 2.00 1700
injection more
7 1973-1974 without air 5 or 400 6.50 250 2.50 2600
injection more
8 1955-1967 4 or 1200 8.00 400 6.50 NO STD
less
9 1968-1970 with air 4 or 400 5.50 300 4.50 3200
injection less
10 1968-1970 without air 4 or 900 7.50 300 6.00 3000
injection less
11 1971-1972 with air 4 or 400 5.50 300 4.00 3000
injection less
12 1971-1972 without air 4 or 400 6.50 300 5.00 3400
injection less
13 1973-1974 with air 4 or 300 4.50 250 4.00 1700
injection less
14 1973-1974 without air 4 or 350 6.50 250 4.00 2600
injection less
15 1975 + no catalyst ALL 150 3.00 150 1.50 2100
16 1975 + catalyst ALL 200 4.00 150 1.50 2200
without
air injection
17 1975 + catalyst with ALL 100 1.00 100 1.00 1500
air injection
18 1975 + three-way ALL 80 1.00 80 1.00 1000
catalyst
[FNa1] HC (ppm) is defined as hydrocarbons in parts per million of hexane by volume, CO (%) is defined as carbon monoxide in percent by volume, and NO x (ppm) is defined as oxides of nitrogen in parts per million in nitric oxide by volume.
Note: Authority cited: Sections 39600, 39601 and 43010, Health and Safety Code; and Sections 9889.50 and 9889.51, Business and Professions Code. Reference: Sections 39002, 39003, 39500, 43000, 43013 and 43600, Health and Safety Code; and Section 9889.50, Business and Professions Code.
s 2177. Guidelines for Issuance of Certificate of Compliance.
For participants in the Methanol Fuel Experimental Program, the emission control systems listed below, as originally installed on the vehicle, are to be inspected annually. The original equipment systems shall be functioning properly in order to obtain a valid Certificate of Compliance. In addition, each vehicle's ignition system shall be inspected and exhaust carbon monoxide emissions shall be measured. No vehicle which has an ignition misfire or carbon monoxide emissions in excess of the idle emission standards contained in Section 2176 shall receive a Certificate of Compliance.
1. Exhaust Gas Recirculation (EGR) System
a. EGR valve and control components, and carburetor spacer if applicable.
2. Air Injection System
a. Air Pump.
b. Valves affecting distribution of flow.
c. Distribution manifold including connection to exhaust manifold.
3. Catalyst or Thermal Reactor System
a. Catalytic converter and associated mounting hardware.
b. Thermal reactor and lined or coated exhaust manifolds.
c. Exhaust port liner and/or double walled exhaust pipe.
4. Evaporative Emission Control System
a. Vapor storage canister.
b. Vapor-liquid separator.
c. Canister Purge system.
5. Positive Crankcase Ventilation (PCV) System
a. PCV valve.
b. Oil filler cap.
6. Miscellaneous Items Used in Above Systems
a. Vacuum and time sensitive valves and switches.
b. Electronic controls including computer or microprocessor and all input sensors including the exhaust gas oxygen sensor.
Note: Authority cited: Sections 39515, 39600 and 39601, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections 39003, 39500, 43000, 43004, 43006, 43009 and 43013, Health and Safety Code; and Sections 5115, 5117, 27157 and 27157.5, Vehicle Code.
s 2180. Applicability.
This chapter applies to all diesel-powered and gasoline-powered heavy-duty vehicles, including pre-1974 model-year vehicles, operating in the State of California.
Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code.
s 2180.1. Definitions.
(a) The definitions of this section supplement and are governed by the definitions set forth in Chapter 2 (commencing with section 39010), Part 1, Division 26 of the Health and Safety Code. The following definitions shall govern the provisions of this chapter.
(1) "ARB post-repair inspection" means a repeat emission control system inspection, conducted by the Air Resources Board at an Air Resources Board-specified site, for the purpose of clearing a citation issued under section 2185(a)(2)(C).
(2) "ARB post-repair test" means a repeat test, conducted by the Air Resources Board at an Air Resources Board-specified site, for the purpose of clearing a citation issued under section 2185(a)(2)(C).
(3) "Basic penalty" means the civil penalty of ($500) for a test procedure or emission control system inspection violation that is to be deposited in the Vehicle Inspection and Repair Fund.
(4) "Citation" means a legal notice issued by the Air Resources Board to the owner of a heavy-duty vehicle requiring the owner to repair the vehicle and to pay a civil penalty.
(5) "Defective" means a condition in which an emission control system or an emission control system component is malfunctioning due to age, wear, malmaintenance, or design defects.
(6) "Demonstration of correction" means the documents identified in section 2186.
(7) "Driver" has the same meaning as defined in California Vehicle Code section 305.
(8) "Emission control label" means the label required by the "California Motor Vehicle Emission Control Label Specifications", incorporated by reference in 13 CCR, section 1965, or Title 40, Code of Federal Regulations (40 CFR), section 86.085-35 or 40 CFR Part 86, Subpart A.
(9) "Emission control system" means the pollution control components on an engine at the time its engine family is certified, including, but not limited to, the emission control label.
(10) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her designee.
(11) "Fleet" means two (2) or more heavy-duty vehicles.
(12) "Heavy-duty vehicle" means a motor vehicle having a manufacturer's maximum gross vehicle weight rating (GVWR) greater than 6,000 pounds, except passenger cars.
(13) "Inspection procedure" means the test procedure specified in section 2182 and the emission control system inspection specified in section 2183.
(14) "Inspection site" means an area including a random roadside location, a weigh station, or a fleet facility used for conducting the heavy-duty vehicle test procedure, emission control system inspection, or both.
(15) "Inspector" means an Air Resources Board employee with the duty of enforcing Health and Safety Code sections 43701(a) and 44011.6 and Title 13, CCR sections 2180 through 2194.
(16) "Issuance" means the act of mailing or personally delivering a citation to the owner.
(17) "Minimum penalty" means the ($300) penalty that is to be deposited in the Diesel Emission Reduction Fund pursuant to Health and Safety Code section 44011.6(l).
(18) "Notice of Violation" means a legal notice issued to the owner of a heavy-duty vehicle powered by a pre-1991 model-year diesel engine with a measured smoke opacity exceeding 55 percent but not exceeding 69 percent, requiring the owner to repair the vehicle and submit a demonstration of correction.
(19) "Officer" means a uniformed member of the Department of the California Highway Patrol.
(20) "Opacity" means the percentage of light obstructed from passage through an exhaust smoke plume.
(21) "Owner" means either (A) the person registered as the owner of a vehicle by the California Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; or (B) a person shown by the registered owner to be legally responsible for the vehicle's maintenance. The person identified as the owner on the registration document carried on the vehicle at the time a citation is issued shall be deemed the owner unless that person demonstrates that another person is the owner of the vehicle.
(22) "Removal from service" means the towing and storage of a vehicle under the auspices of the Department of the California Highway Patrol.
(23) "Repair facility" means any place where heavy-duty vehicles are repaired, rebuilt, reconditioned, or in any way maintained for the public at a charge, and fleet maintenance facilities.
(24) "SAE J1667" means Society of Automotive Engineers (SAE) Recommended Practice SAE J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles," as issued February 1996 ( "1996-02"), which is incorporated herein by reference.
(25) "Scan tool evaluation" means using an electronic device to determine if a Low NOx Rebuild Kit, as defined in section 2011(b)(4), is installed.
(26) "Schoolbus" means the same as defined in California Vehicle Code section 545.
(27) "Smokemeter" means a detection device used to measure the opacity of smoke in percent opacity.
(28) "Tampered" means missing, modified, or disconnected.
(29) "Uncleared citation" means a citation for which demonstration of correction and, if required, payment of any civil penalty, has not been made.
Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Section 505, Vehicle Code.
s 2181. Responsibilities of the Driver and Inspector During the Inspection Procedure.
(a) Driver of heavy-duty diesel-powered vehicle. The driver of a heavy-duty diesel-powered vehicle selected to undergo the inspection procedure shall do all of the following:
(1) Drive the vehicle to the inspection site upon direction of an officer.
(2) Show proof of driver's license and vehicle registration to the inspector or officer upon request.
(3) Perform the test procedure upon request by an inspector.
(4) Open the vehicle door so that the inspector can observe the driver depress the accelerator pedal.
(5) Permit an emission control system inspection and open the hood of the vehicle upon the request of the inspector.
(6) Permit a scan tool evaluation upon request of the inspector.
(7) Sign the citation or notice of violation to acknowledge its receipt and the smoke test report to acknowledge performance of the test procedure.
(b) Driver of heavy-duty gasoline-powered vehicle. The driver of a heavy-duty gasoline-powered vehicle selected to undergo the inspection shall:
(1) Drive the vehicle to the inspection site upon direction of an officer.
(2) Show proof of driver's license and vehicle registration to the inspector or officer upon request.
(3) Permit an emission control system inspection and open the hood of the vehicle upon request of the inspector.
(4) Sign the citation to acknowledge its receipt.
(c) Inspector. The inspector in performing the inspection procedure shall do all of the following:
(1) Advise the driver that refusal to submit to the inspection procedure is a violation of these regulations.
(2) Obtain engine identification information from the vehicle when tested pursuant to section 2182 to determine which opacity standard specified in section 2182 applies.
(3) Except as otherwise provided in section 2181(c)(4), issue a copy of the citation to the driver of a vehicle that fails the test procedure or the emission control system inspection.
(4) Issue a copy of the notice of violation to the driver of a vehicle powered by a pre-1991 model-year diesel engine with a measured smoke opacity exceeding 55 percent but not exceeding 69 percent, except where a notice of violation or citation has been issued for the vehicle in the preceding 12 months.
(5) Issue a warning to the owner of a heavy-duty diesel-powered vehicle missing its emission control label that the label must be replaced and the engine number identification must be provided to the ARB within 30 days of written notification by the ARB, or it will be conclusively presumed in any subsequent smoke opacity test where the emission control label remains missing that the vehicle is subject to the 40 percent smoke opacity standard in section 2182(a)(1), unless at the time of the subsequent test it is plainly evident from a visual inspection that the vehicle is powered by a pre-1991 model-year engine.
(6) Issue a copy of the citation to the driver of a 1993-1998 heavy-duty diesel-powered vehicle with a Low NOx Rebuild Engine upon determining by scan tool evaluation a violation of section 2011(c)(1), title 13, California Code of Regulations.
Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Section 305, Vehicle Code.
s 2182. Heavy-Duty Diesel Vehicle Smoke Opacity Standards and Test Procedures; Excessive Smoke.
(a) Standards
(1) No heavy-duty vehicle powered by a 1991 or subsequent model-year diesel engine operating on the highways within the State of California shall exceed 40 percent smoke opacity when tested in accordance with this section unless its engine is exempted under subsection (c) or (d) below.
(2) No heavy-duty vehicle powered by a pre-1991 model-year diesel engine, operating on the highways within the State of California, shall exceed 55 percent smoke opacity when tested in accordance with this section unless its engine is exempted under subsection (c) or (d) below.
(b) Exemptions
(1) The Executive Officer shall exempt from subsections (a)(1) and (2) any engine family that is shown by the engine manufacturer to the satisfaction of the Executive Officer to exhibit smoke opacity greater than 40 percent or 55 percent respectively when in good operating condition and adjusted to the manufacturer's specifications. Such engine family(s) must comply with any technologically appropriate less stringent opacity standard identified by the Executive Officer based on a review of the data obtained from engines in good operating condition and adjusted to manufacturer's specifications.
(2) The Executive Officer shall exempt from subsections (a)(1) and (2) any 1991 and earlier model-year heavy-duty diesel engines that are equipped with carryover add-on aftermarket turbocharger kits approved by the ARB, and are shown by the kit or engine manufacturer to the satisfaction of the Executive Officer to exhibit smoke opacity greater than 40 percent or 55 percent respectively when in good operating condition and adjusted to manufacturer's specifications. Such engines must comply with any technologically appropriate less stringent opacity standard identified by the Executive Officer based on a review of the data obtained from engines in good operating condition and adjusted to manufacturer's specifications.
(3) Exemptions previously issued and in effect on January 1, 1996 shall remain in effect under the amendments to this section adopted on March 2, 1998 and effective on May 4, 1998.
(4) A manufacturer seeking an exemption under subsection (b) shall provide the ARB with the engine emissions data needed to exempt the engine family and determine technologically appropriate less stringent opacity standards.
(c) Effect of missing emission control label on applicable standard. When the owner of a heavy-duty diesel-powered vehicle receives written notification from the ARB that the emission control label was missing during an inspection, the owner must replace the emission control label and provide the engine number identification to the ARB within 30 days of receipt of the notification. If the owner fails to comply with this requirement, it will be conclusively presumed in any subsequent smoke opacity test where the emission control label remains missing that the vehicle is subject to the 40 percent smoke opacity standard in section 2182(a)(1), unless at the time of the subsequent test it is plainly evident from a visual inspection that the vehicle is powered by a pre-1991 model-year engine.
(d) Excessive Smoke. A heavy-duty vehicle has excessive smoke if it fails to comply with the smoke opacity standard applicable under this section 2182.
(e) Test Procedures. For purposes of this chapter 3.5, smoke opacity shall be determined in accordance with SAE J1667.
Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code.
s 2183. Inspection of the Emission Control System on a Heavy-Duty Vehicle.
(a) Heavy-duty diesel-powered vehicles. The heavy-duty diesel-powered vehicle emission control components subject to inspection for tampered or defective conditions include, but are not limited to, the following:
(1) The engine governor.
(2) Any seals and/or covers protecting the air-fuel ratio adjustments.
(3) Any fuel injection pump seals and covers.
(4) The air cleaner and flow restriction indicator.
(5) The exhaust gas recirculation valve.
(6) The particulate matter trap system or catalytic converter system, including pipes and valves.
(7) Related hoses, connectors, brackets, and hardware for these components.
(8) Engine computer controls, related sensors, and actuators.
(9) Emission control label.
(10) Any other emissions-related components for a particular vehicle/engine as determined from the manufacturer's specifications, emission control label, certification data, or published vehicle parts manuals.
(b) Heavy-duty gasoline-powered vehicles. The heavy-duty gasoline-powered vehicle emission control components subject to inspection for tampered or defective conditions, include, but are not limited to, the following:
(1) The air injection system.
(2) The positive crankcase ventilation system.
(3) The exhaust gas recirculation system.
(4) The catalytic converter, including pipes and valves.
(5) The evaporative emission control system.
(6) Related hoses, connectors, brackets, and hardware for these components.
(7) Engine computer controls, related sensors, and actuators.
(8) On-Board Diagnostic (OBD) systems for 1994 and subsequent model year vehicles, if so equipped.
(9) Emission control label.
(10) Any other emissions-related component for a particular vehicle/engine as determined from the manufacturer's specifications, emission control label, certification data, or published vehicle parts manuals.
Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code.
s 2184. Refusal to Submit to Inspection Procedure.
The refusal by an owner or driver of a vehicle to submit to the scan tool evaluation defined in section 2180.1, the test procedure in section 2182, or to the emission control system inspection in section 2183 constitutes a failure of the evaluation, test procedure, or inspection, respectively, unless the driver is cited by the California Highway Patrol for a violation of California Vehicle Code section 2813.
Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Sections 305, 505 and 2813, Vehicle Code.
s 2185. Civil Penalty Schedule.
(a) The owner of a heavy-duty vehicle that fails the scan tool evaluation, the test procedure, or the emission controls system inspection, including by refusal to submit, is subject to the following penalty schedule:
(1) Scan Tool Evaluation Violation Penalties
(A) The owner of a vehicle that is cited for a violation of section 2011(c)(1), and for which demonstration of correction is provided and payment is made within 45 days from personal or certified mail receipt of the citation, shall pay a civil penalty of $300. Schoolbuses registered in California are exempt from the $300 civil penalty for the first violation only.
(B) The owner of a vehicle who violates section 2011(c)(6) shall pay a civil penalty of $500 in addition to the civil penalty for the violation of section 2011(c)(1).
(C) The owner of a vehicle cited for a violation of section 2184 for refusing to submit to a scan tool evaluation shall be subject to a civil penalty of $500.
(2) Heavy-Duty Vehicle Tampering and Opacity Violation Penalties
(A) The owner of a vehicle, other than a schoolbus, that is cited for the first time pursuant to section 2182 or 2183 and for which demonstration of correction is provided and payment is made within 45 days from personal or certified mail receipt of the citation, shall pay the minimum penalty of $300.
(B) The owner of a vehicle that is cited for the first time pursuant to section 2184 for a refusal not pertaining to a scan tool evaluation, or that is cited for the first time pursuant to sections 2182 or 2183 and for which demonstration of correction is not provided within 45 days from personal mail or certified mail receipt of the citation shall provide demonstration of correction and pay the minimum penalty of $300 and the basic penalty of $500 for a total of $800. Schoolbuses are exempt from the $300 minimum penalty for the first violation only.
(C) The owner of a vehicle that is cited pursuant to section 2182 or 2183 within 12 months from the issuance of the most recent citation for that vehicle shall within 45 days from personal or certified mail receipt of the current citation provide demonstration of correction and pay the penalty of $1,500 and the minimum penalty of $300 for a total of $1,800.
(b)(1) No citation shall be issued to the owner of a heavy-duty vehicle powered by a pre-1991 model-year diesel engine on the basis of a measured smoke opacity exceeding 55 percent but not exceeding 69 percent, unless:
(A) the owner fails to provide a demonstration of correction within 45 days from personal or certified mail receipt of the notice of violation, or
(B) a notice of violation or citation has been issued for the vehicle in the preceding 12 months.
(2) The owner of a vehicle that is the subject of a notice of violation and for which demonstration of correction is provided within 45 days from personal or certified mail receipt of the notice of violation shall not be subject to a penalty for the violation.
(3) The owner of a vehicle that is initially subject to a notice of violation, but is cited after a demonstration of correction is not provided within 45 days from personal or certified mail receipt of a notice of violation, shall be subject to the penalty in section 2185(a)(2)(B).
(4)(A) Where a heavy-duty vehicle with a pre-1991 engine inspected in accordance with section 2181 has a measured opacity exceeding 55 percent but not exceeding 69 percent within 12 months of issuance of a notice of violation for which a demonstration of correction was timely provided within the applicable 45-day period, a citation shall be issued and the owner shall be subject to the penalty in section 2185(a)(2)(B).
(B) Where a heavy-duty vehicle with a pre-1991 engine inspected in accordance with section 2181 has a measured opacity exceeding 55 percent but not exceeding 69 percent within 12 months of issuance of a notice of violation for which a demonstration of correction was not timely provided within the applicable 45- day period, a citation shall be issued and the owner shall be subject to the penalty in section 2185(a)(2)(C).
(c) If a vehicle fails the test procedure or an emission control system inspection one year or more after the date of its most recent failure, the owner of that vehicle shall be subject to the penalty schedule in section 2185(a)(2)(A) and (a)(2)(B).
(d) When a vehicle is cited after a bona fide change of ownership between non-related persons or entities, the new owner shall be subject to the penalty schedule in section 2185(a)(2)(A) and (B) if the only citations issued for the vehicle within the previous 12 months were issued prior to the change of ownership to the new owner.
(e) An owner who has been cited twice or more for tampered emission controls on the same vehicle shall be subject to the penalty in section (a)(2)(C), notwithstanding section 2185(c).
Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. Sections 305, 505 and 545, Vehicle Code.
s 2186. Demonstration of Correction and Post-Repair Test or Inspection.
(a) Demonstration of Correction. The owner must demonstrate correction of the vehicle by submitting to the Air Resources Board documents demonstrating compliance with (1) or (2):
(1) Where repairs are made at a repair facility, a repair receipt or a completed work order which contains the following information:
(A) Name, address, and phone number of the facility;
(B) Name of mechanic;
(C) Date of the repair;
(D) Description of component replacement(s), repair(s), and/or adjustment(s); and
(E) Itemized list of replaced component(s), including description of part, part number, and cost;
(2) Where the owner makes his or her own repairs outside of a repair facility,
(A) An itemized receipt for the parts used in the repair, and
(B) A statement identifying that date and nature of the repairs made;
(b) Statement of Correction. The owner must also submit to the Air Resources Board documents demonstrating compliance with (1) or (2) or (3):
(1) Where the citation or notice of violation was based on a failure to meet the opacity standard applicable under section 2182, a smoke test report from a subsequent test showing that the repaired vehicle passed the applicable section 2182 standard along with a statement to that effect made under penalty of perjury by the person who conducted the subsequent test;
(2) Where the citation was based on a failure to pass an emission control system inspection as specified in section 2183, a statement by a person, under penalty of perjury, that the person has reinspected any components identified in the citation as defective or tampered and has determined that these components are in good working order; or
(3) Where the citation was based on a violation of the Low NOx Rebuild Kit installation requirement as specified in section 2011(c), a statement by a person, under penalty of perjury, that the person has conducted a scan tool evaluation and has determined that the Low NOx Rebuild Kit has been installed.
(c) The Air Resources Board shall require an ARB post-repair test or an ARB post-repair inspection whenever:
(1) a submitted repair receipt or work order does not comply with (a) above;
(2) a repair receipt or work order appears to be falsified; or
(3) A second and subsequent failures of the test procedure or an emission control system inspection on the vehicle occur within a one year period.
Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Section 505, Vehicle Code.
s 2187. Vehicles Removed from Service.
(a) Vehicles are subject to removal from service by the Department of the California Highway Patrol if requested by the Air Resources Board inspector, and if one or more uncleared citations exist at the time of inspection.
(b) Upon payment by cashier's check or money order of all unpaid penalties for a vehicle that has been removed from service, the Air Resources Board shall provide the owner, or designee, a release form for presentation to the Department of the California Highway Patrol.
(c) The release of the vehicle shall be subject to the condition that it be repaired and post-repair tested or inspected within 15 days.
Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. Section 505, Vehicle Code.
s 2188. Contesting a Citation.
The owner of a vehicle cited under these regulations may request a hearing pursuant to section 60075.1 et seq., Title 17, California Code of Regulations.
Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code.
s 2190. Vehicles Subject to the Periodic Smoke Inspection Requirements.
These regulations shall be applicable, operative July 1, 1998, as follows:
(a) Except as provided in subsections (b), (c), (d), (e) and (f), the requirements of this chapter apply to all heavy-duty diesel-powered vehicles with gross vehicle weight ratings greater than 6,000 pounds which operate on the streets or highways within the State of California.
(b) Heavy-duty diesel-powered vehicles which are not part of a fleet or are employed exclusively for personal use are excluded from the requirements of this chapter.
(c) Heavy-duty diesel-powered vehicles which are registered under the International Registration Plan as authorized by Article 4 (commencing with section 8050), Chapter 4, Division 3 of the Vehicle Code and which have established a base state other than California (non-California based vehicles) are excluded from the requirements of this chapter.
(d) Heavy-duty diesel-powered vehicles which operate in California under the terms of Interstate Reciprocity Agreements as authorized by Article 3 (commencing with section 8000), Chapter 4, Division 3 of the Vehicle Code and which belong to fleets that are not based in California are excluded from the requirements of this chapter.
(e) Heavy-duty diesel-powered vehicles operating in California under the terms of any other apportioned registration, reciprocity, or bilateral prorate registration agreement between California and other jurisdictions and which belong to fleets that are not based in California are excluded from the requirements of this chapter.
(f) Heavy-duty diesel-powered vehicles operating in California under short-term vehicle registrations or permits of 90 days or less (including but not limited to 90-day temporary registrations and 4-day permits under Vehicle Code section 4004) are excluded from the requirements of this chapter.
Note: Authority cited: Sections 39600, 39601 and 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43018, 43701(a), and 44011.6, Health and Safety Code.
s 2191. Definitions.
(a) The definitions of this section supplement and are governed by the definitions set forth in Chapter 2 (commencing with Section 39010), Part 1, Division 26 of the Health and Safety Code. The provisions of this chapter shall also be governed by the definitions set forth in section 2180.1, Title 13, California Code of Regulations including the following modifications:
(1) "Fleet" means any group of 2 or more heavy-duty diesel-powered vehicles which are owned or operated by the same agency or entity.
(2) "Test opacity" means the opacity of smoke from a vehicle when measured in accordance section 2193(e).
Note: Authority cited: Section 39600, 39601 and 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43018, 43701(a) and 44011.6, Health and Safety Code.
s 2192. Vehicle Inspection Responsibilities.
(a) The owner of a heavy-duty diesel-powered vehicle subject to the requirements of this chapter shall do all of the following:
(1) Test the vehicle for excessive smoke emissions periodically according to the inspection intervals specified in section 2193(a), (b), and (c).
(2) Measure the smoke emissions for each test using the test procedure specified in section 2193(e).
(3) Record the smoke test opacity levels and other required test information as specified in section 2194.
(4) Have the vehicle repaired if it exceeds the applicable smoke opacity standard specified in section 2193(e).
(5) Record the vehicle repair information as specified in section 2194.
(6) Conduct a post-repair smoke test to determine if the vehicle complies with the applicable smoke opacity standard.
(7) Record the post-repair smoke test results as specified in section 2194.
(8) If the vehicle does not comply with the applicable smoke opacity standard after the test required by section 2192(a)(7), make additional repairs to achieve compliance, and record the smoke test results as specified in section 2194.
(9) Ensure that Low NOx Rebuild Kits are installed in 1993 - 1998 heavy-duty diesel-powered vehicles with Low NOx Rebuild Engines as required by section 2011.
(10) Keep the records specified in section 2194 for two years after the date of inspection.
(11) Permit an Air Resources Board inspector to review the inspection records specified in section 2194 at owner/operator designated fleet locations by appointment.
Note: Authority cited: Sections 39600, 39601 and 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39033, 43000, 43016, 43018, 43701(a) and 44011.6, Health and Safety Code.
s 2193. Smoke Opacity Inspection Intervals, Standards, and Test Procedures.
(a) Initial phase-in. Vehicles which are subject to the requirements of this chapter on the operative date of these regulations shall be tested for smoke opacity (and repaired if the applicable smoke opacity standard is exceeded) in accordance with the requirements of section 2192 pursuant to the applicable following schedule:
(1) Fleets of five or more vehicles subject to this chapter:
(A) At least 25 percent of the fleet's vehicles within 180 calendar days of the effective date of these regulations;
(B) At least 50 percent of the fleet's vehicles within 270 calendar days of the effective date of these regulations;
(C) At least 75 percent of the fleet's vehicles within 365 calendar days of the effective date of these regulations; and
(D) The fleet's remaining vehicles no later than 455 calendar days after the effective date of these regulations.
(2) For fleets of 2 to 4 vehicles, at least one vehicle must be tested in the initial 180 day period, and in each subsequent 90 calendar day period, until all vehicles in the fleet have been tested.
(b) New fleets. Fleets which first become subject to the requirements of this chapter subsequent to the effective date of these regulations must be tested in accordance with section 2192 within the applicable time intervals reflected in subsection (a) above, beginning on the date the fleet becomes subject to these regulations.
(c) Annual testing. Once a vehicle subject to the requirements of this chapter has been tested in accordance with subsection (a) or (b), or has been acquired by a fleet owner after the effective date of these regulations, the vehicle must periodically be tested for smoke opacity (and repaired if the applicable smoke opacity standard is exceeded) in accordance with the requirements of section 2192 within 12 months of the previous test conducted under this section 2193.
(d) Exemption for vehicles powered by 1994 or subsequent model-year engines. Any heavy-duty vehicle powered by a 1994 or subsequent model-year engine is exempt from the testing requirements of this section until January 1 of the calendar year that is four years after the model year of the engine, and is to be treated as having been acquired by the owner on that January 1. For example, 1995 model-year engine will be exempt until January 1, 1999.
(e) Smoke opacity standards and test procedures.
(1) Except as otherwise provided in subsection (e)(2) below, the smoke opacity standards and test procedures are those specified in section 2182, Titled 13, California Code of Regulations.
(2) Prior to July 1, 1999, if a repair facility is not equipped with an operable SAE J1667 smokemeter, vehicles may be tested at the repair facility in accordance with the smoke opacity test procedures and opacity standards set forth in section (e)(3). These are the test procedures and opacity standards originally established for the heavy-duty diesel vehicle roadside inspection program in 1991.
(3) Optional smoke opacity test procedures and standards prior to July 1, 1999.
(A) Standards.
1. The maximum smoke opacity standard for a 1991 or subsequent model-year heavy-duty diesel-powered vehicle with a Federal peak smoke engine certification level of 35 percent peak opacity or less is 40 percent when tested in accordance with section 2193(e)(3)(B) and (C).
2. The maximum smoke opacity standard for any other heavy-duty diesel-powered vehicle is 55 percent when tested in accordance with section 2193(e)(3)(B) and (C).
3. The above standards do not apply to an engine exempted under section 2182(b).
(B) Equipment. The smoke opacity measurement equipment shall consist of a light extinction type smokemeter which includes an optical detection unit, a control/indicator unit, and a strip chart recorder.
1. The smokemeter shall comply with the specifications provided in the Society of Automotive Engineers (SAE) procedure J1243, "Diesel Emission Production Audit Test Procedure," May 1988, which is incorporated herein by reference, section 7.4 and shall be calibrated according to specifications in SAE procedure J1243, section 8.2.
2. The strip chart recorder shall comply with specifications in SAE procedure J1243, section 7.5, subsections 1-4 (May 1988).
(C) Procedure. The test procedure shall consist of preparation, preconditioning, and test phases:
1. In the preparation phase, the vehicle shall be placed at rest, the transmission shall be placed in neutral, and the vehicle wheels shall be properly restrained to prevent any rolling motion.
2. In the preconditioning phase, the vehicle shall be put through a snap-idle cycle two or more times until two successive measured smoke levels are within ten (10) opacity percent of each other. The smokemeter shall be rechecked prior to the preconditioning sequence to determine that its zero and span setting are adjusted according to specifications in SAE procedure J1243, section 8.1 (May 1988).
3. In the test procedure phase, the vehicle shall be put through the snap-idle cycle three times.
4. The opacity shall be measured during the preconditioning and test phases with a smokemeter and shall be recorded continuously on the chart recorder during each snap-idle cycle. The maximum instantaneous value recorded by the chart recorder shall be the opacity reading.
5. The test opacity to determine the compliance with (A)1. and (A)2. above shall be the average of the two meter readings with the least difference in opacity values. If all three readings have successive equivalent differences between them, the test opacity shall be the average of the three readings.
Note: Authority cited: Sections 39600, 39601, 43013, 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39033, 43000, 43013, 43018, 43701(a) and 44011.6, Health and Safety Code.
s 2194. Record Keeping Requirements.
(a) The owner of a vehicle subject to the requirements of this chapter shall record the following information when performing the smoke opacity testing:
(1) The brand name and model of the opacity meter.
(2) The dates of last calibration of the opacity meter and chart recorder.
(3) The name of the smoke meter operator who conducted the test.
(4) The name and address of the contracted smoke test facility or vehicle repair facility that conducted the test (if applicable).
(5) The applicable smoke opacity standard for the tested vehicle.
(6) Vehicle identification number, vehicle's engine year, engine make, and engine model, and test date. Fleet designated vehicle identification numbers are also acceptable.
(7) The initial smoke test opacity levels (for three successive test readings).
(8) An indication of whether the vehicle passed or failed the initial smoke test.
(9) The post-repair test date.
(10) The post-repair smoke test opacity levels (for three successive test readings).
(11) An indication of whether the vehicle passed or failed the post-repair smoke test.
(12) For vehicles that have failed the smoke test and have been repaired, the vehicle repair information specified in section 2186(a), Title 13, California Code of Regulations.
(b) The owner of a vehicle subject to the requirements of this chapter shall record or retain the following information to demonstrate installation of Low NOx Rebuild Kits:
(1) A repair receipt or completed work order which contains the following information:
(A) Name, address, and phone number of the facility performing the installation;
(B) Name of the person performing the installation;
(C) Date of the installation;
(D) Description of Low NOx Rebuild Engine, including engine model and engine family number, and Low NOx Rebuild Kit installed.
Note: Authority cited: Sections 39600, 39601 and 43701, Health and Safety Code. Reference: Sections 39002, 39003, 39033, 43000, 43018, 43701 and 44011.6, Health and Safety Code.
s 2200. Applicability.
This article shall apply to all motor vehicle fuel additives and to all prototype motor vehicle pollution control devices proposed for sale in California.
Note: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39040, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code.
s 2201. General Policy.
Note: Authority cited: Sections 39600, 39601, 43011, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003 and 43000, Health and Safety Code; and Section 27156, Vehicle Code.
s 2202. Performance Requirements.
Note: Authority cited: Sections 39600, 3601, 43011 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43013, Health and Safety Code; and Section 27156, Vehicle Code.
s 2203. Submission Requirements.
Proposals submitted for evaluation must be accompanied by an executed copy of the state board's hold harmless agreement, which is available upon request from any state board office. Persons submitting a control device or fuel additive for evaluation shall set forth, in writing, a description of the device or additive and its application to the control of motor vehicle emissions in sufficient detail, including drawings and schematic diagrams, so that its operation and principles can be understood by reviewers. Performance claims shall be supported by test data. The test procedure and instrumentation used to obtain the data shall be described.
Note: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500 and 43000, Health and Safety Code; and Section 27156, Vehicle Code.
s 2204. Initial Evaluation.
The information submitted shall be reviewed by the state board's staff in an initial evaluation to decide if the device or additive has the potential for reducing vehicular emissions or the method is sufficiently unique in its application to warrant laboratory tests by the state board. The results of the initial evaluation will be reported in writing and/or by personal conference with the person submitting the information.
Note: Authority cited: Sections 39600, 39601 and 43014, Health and Safety Code. Reference: Sections 39002, 39003, 39500 and 43000, Health and Safety Code; and Section 27156, Vehicle Code.
s 2205. Laboratory Tests.
(a) Device. When the initial evaluation indicates that the control approach warrants a laboratory test, the submitter must provide a working system which is to be subjected to the appropriate laboratory test. The basis for the evaluation of the results of the laboratory tests will be a comparison of the test data with applicable reference standards. Each component of a multi-component system may be examined and tested to determine its relative contribution in the overall reduction in emissions by the system.
Upon completion of the above tests, the submitter will be notified in writing of the test results. If the results show the device does not have the potential to meet applicable emission standards, the evaluation procedure will be terminated.
If the test shows promising results, a secondary stage evaluation may be undertaken. This may include, but not be limited to, replicating the tests previously performed and the testing of emissions from several vehicles with the device. If the tests from the second stage of evaluation show promising results, a final stage of testing may be undertaken. This may involve the use of fleet vehicles.
(b) Fuel Additive. In accordance with the general policy stated in Section 2200, an application for testing of a motor vehicle fuel additive may be made to the state board by an additive manufacturer. The "Test Procedures for Gasoline and Diesel Vehicle Fuel Additives," adopted by the state board on July 10, 1974, shall be followed in the testing of fuel additives. The state board may charge an application fee, not to exceed the cost of the tests, for any testing conducted pursuant to this section.
Note: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code.
s 2206. Fee Schedule.
(a) General Provisions.
(1) Purpose: The following fee schedule is adopted pursuant to Section 43833 of the California Health and Safety Code and the "Test Procedures for Gasoline and Diesel Vehicle Fuel Additives," adopted by the state board on July 10, 1974. The fees are designed to cover the cost of the tests actually conducted under the test program on additives for which the manufacturer has requested testing. Individual test programs will be as agreed upon by the applicant and the state board.
(2) Applicability: These provisions are applicable to tests conducted under the state board's "Test Procedures for Gasoline and Diesel Vehicle Fuel Additives," dated July 10, 1974.
(b) Collection of Fees. All fee remittances are to be made payable to State of California, Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731.
(c) Fee Schedule. The state board's fuel additive test procedure specifies different phases of testing. Depending on the extent of the test activity, each applicant will be charged according to the following fee schedule:
(1) Gasoline Fuel Additive.
(A) Chemical Analysis.
1. Initial evaluation -$400.00.
2. Required chemical analysis and toxicological evaluation at cost (subdivision (e)).
(B) Preliminary Test.
1. Engine test (consisting of 32 data points under steady state engine operating conditions) -$650.00.
2. Vehicle test (two cold start CVS-1975 comparative tests) -$1,500.00.
The manufacturer will be charged at cost for vehicle rental fee incurred by the state board to obtain the required vehicle for testing.
(C) Fleet Test.
At Cost (subdivision (e)).
(2) Diesel Fuel Additive.
(A) Chemical Analysis.
1. Initial evaluation -$400.00.
2. Required chemical analysis and toxicological evaluation at cost (subdivision (e)).
(B) Engine Tests.
1. Engine Test (two comparative tests, each consisting of a 13-mode emission test and an exhaust smoke test) -$1,200.00.
2. Vehicle Test.
per 13-mode emission test -$500.00
per exhaust smoke test -$250.00
per two cold-start CVS-1975 comparative tests -$1,500.00
The manufacturer will be charged at cost for vehicle rental fee incurred by the state board to obtain the required vehicle for testing.
(d) Payment of Fees. Each applicant requesting evaluation of an additive shall remit with the application the fee specified in Subsection (c)(1)(A)1. or (c)(2)(A)1. above for the initial evaluation. At the conclusion of this evaluation, the applicant will, where appropriate, be notified of suggested additional testing, if any, to be conducted by the state board staff on the applicant's product. The applicable fee shall be paid to the state board prior to the commencement of any further testing. Failure to pay the fee will result in termination of the test evaluation by the state board.
(e) Contract Provisions. The state board may engage independent laboratories to conduct evaluation tests in accordance with the test procedures specified by the state board. The actual cost for such tests will be charged to the applicant.
Note: Authoritycited: Sections 39600, 39601 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code. (continued)